Rodman v. Pothier

Decision Date07 April 1924
Docket NumberNo. 546,546
Citation44 S.Ct. 360,264 U.S. 399,68 L.Ed. 759
PartiesRODMAN, U. S. Marshal, v. POTHIER
CourtU.S. Supreme Court

The Attorney General and Solicitor General Beck, of Washington, D. C., for petitioner.

Messrs. Louis Marshall, of New York City, and Davis G. Arnold, of Providence, R. I., for respondent.

Mr. Justice McREYNOLDS delivered the opinion of the Court.

Respondent Pothier and another were duly indicted—October 13, 1922—for the murder of Alexander P. Cronkhite, on October 25, 1918, 'within and on lands theretofore acquired for the exclusive use of the United States, and under the exclusive jurisdiction thereof, and within the Southern division of the Western district of Washington, to wit, within and on the Camp Lawis Military Reservation.' Pothier was arrested in the state of Rhode Island and, after hearings before the commissioner and the District Court, a warrant for his removal was directed as provided by section 1014, Rev. Stat. (Comp. St. § 1674). By this habeas corpus proceeding the validity of the warrant is questioned and respondent's release sought. His contention is that the United States had not acquired exclusive jurisdiction over the place of the crime as alleged by the indictment, because they had not then received a deed to the land.

The District Court said and held (In re Pothier, 285 Fed. 632):

'The argument of the defense is that by the terms of the statute the passing of the deed is a prerequisite to the exclusive jurisdiction of the United States, and that, as the deed postdates the time of the alleged murder, the United States did not than have exclusive jurisdiction over the lands conveyed by said deed. But the evidence shows also that before the passage of the deeds, and before the date of the alleged murder, Pierce county, acting as the arm and agent of the state, had acquired by condemnation, and had turned over to the United States military authorities, many tracts of land comprised within the Camp Lewis Military Reservation, which had been selected by a representative of the Secretary of War, and which, when donated to the United States, the Secretary of War had been authorized to accept. Buildings had been erected and the camp permanently occupied before January 29, 1918, and before July, 1918, there were 50,000 men in camp. There is much evidence tending to show that as to a number of the tracts of land comprised in the camp there was, before the date of the alleged crime, a practical consummation of the donation, and that the agents of the county and of the United States had done all that it was necessary to do in order to vest title and exclusive jurisdiction in the United States, save the execution and recording of the deeds whereby the title of the United States should be evidenced. The contention of the United States that the evidence of de facto exercise of exclusive jurisdiction is...

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63 cases
  • Carmen, Application of
    • United States
    • California Supreme Court
    • August 2, 1957
    ...9 Cir., 144 F.2d 862; Hatten v. Hudspeth, 10 Cir., 99 F.2d 501; Ex parte Savage, CC., 159 F. 205 see, also, Rodman v. Pothier, 264 U.S. 399, 44 S.Ct. 360, 68 L.Ed. 759; In re Lincoln, 202 U.S. 178, 26 S.Ct. 602, 50 L.Ed. 984; Walsh v. Johnston, 9 Cir., 115 F.2d 806; Walsh v. Archer, 9 Cir.,......
  • Reid v. Independent Union of All Workers, 31192.
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    ...Petitioner, 131 U.S. 176, 9 S.Ct. 672, 33 L.Ed. 118; Craig v. Hecht, 263 U.S. 255, 44 S.Ct. 103, 68 L.Ed. 293; Rodman v. Pothier, 264 U.S. 399, 44 S.Ct. 360, 68 L.Ed. 759; Knewel v. Egan, 268 U.S. 442, 45 S.Ct. 522, 69 L.Ed. 1036; U.S. ex rel. Vajtauer v. Com'r of Immigration, 273 U.S. 103,......
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  • Sunal v. Large Alexander v. United States Kulick
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    • U.S. Supreme Court
    • June 23, 1947
    ...want of jurisdiction might be established. See Toy Toy v. Hopkins, 212 U.S. 542, 29 S.Ct. 416, 53 L.Ed. 644, and Rodman v. Pothier, 264 U.S. 399, 44 S.Ct. 360, 8 L.Ed. 75 9. And compare In re Mayfield, 141 U.S. 107, 11 S.Ct. 939, 35 L.Ed. 635, with In re Blackbird, C.C., 66 F. (2) Convictio......
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